Prof. Avv. Andrea Gemma prevails before the Milan Court of Appeal, obtaining the complete reversal of the judgment of the Milan Court n. 12949/2018, which had condemned the original defendant to pay an insurance indemnity.

The dispute originated from a claim for payment of an insurance indemnity as a consequence of the alleged conclusion of a policy against atmospheric events. The Milan Court had held that the contract was perfected by the mere submission of the contractual proposal in the absence of acceptance.

The Milan Court of Appeal, referring to the new direction of the Supreme Court in an analogous case, reaffirmed that the scheme for the formation of consent governed by art. 1326 of the Italian Civil Code is non-derogable, making it essential, for the purposes of contract perfection, that acceptance be brought to the knowledge of the offeror. Furthermore, the appellate judge adds that in the present case “there is not even evidence that (omissis) notified the Insurance Company of the Supplementary Policy either individually (the documents produced, doc. 14 and 15 of the claimant’s party, do not prove notification as there is lacking a record of transmission from the intermediary to AGS and of receipt by the latter), nor jointly with the Beneficiary and even less that it notified it at a time prior to the loss; nor is there evidence of the issuance by the Company of the contractual text nor of its signature by the insured”.